CADE’s General-Superintendence (“SG/CADE”) issued an opinion suggesting the discontinuation of an administrative proceeding investigating cartel formation involving distribution and resale of automobile fuels in Cuiabá/MT, due to lack of evidence to prove the authorship and materiality of the analyzed facts. SG/Cade’s decision was handed down after evidence that was illegal by derivation (fruits of the poisonous tree) — as recognized by a judicial decision from the state of Mato Grosso’s Tribunal (“TJ/MT”) in Habeas Corpus (nº 64.684/11) — was removed from the case files. TJ/MT understood that witnesses’ testimonies collected by the criminal prosecution, evidence that would support the administrative proceeding before CADE, were invalid since they were derived from wire-taps formerly declared null and avoid. The Tribunal in Mato Grosso had understood that these telephone taps should not be considered since the judicial decisions that granted and extended this measure were lacking in adequate grounds.
2016/03/03
